Australian Communication and Media Authority
broadcasting@acma.gov.au

[TODAY’S DATE]

Dear Sir / Madam

As the group responsible for FTA TV standards in Australia I wish to highlight to you deficiencies that are clearly causing a market failure for digital TV in Australia at present.  As a consumer, I enjoy TV, and even more so digital TV (DTV).  However, the current mess that Australia has allowed itself to get into with regard to electronic guide information is threatening the success of this advance in technology.

I would like you, the ACMA, to take immediate steps to rectify the inconsistencies and game-playing with DTV guide information.  The current voluntary codes and practices are simply not working for the end consumer.  Popular belief is that guide information is being provided by FTA broadcasters.  While in very simplistic terms this claim could be seen to be true, the fact is that the information is inconsistent, unreliable and practically a near waste of time.  I strongly urge you to take an interest in this problem before it is too late.

In a partial acceptance of the fact that an EPG is essential to digital television in Australia, FreeTV Australia announced on 14 November 2007 that they were preparing to provide a 7 day program guide over the air using the EIT protocol.  
 
However, FreeTV have decided that they have the right to impose restrictions on the use of this data, including:
* Broadcasters are not authorising the use of the programs listing data in PVRs where skip functionality goes beyond a maximum fast forward speed of x60; broadcasters reserve their rights with respect to those suppliers;  
* In addition, the PVR's which display the EPG must employ adequate copy protection measures to prevent the redistribution of free to air content outside the home or on the internet; and 
* Broadcasters reserve their rights subject to the Commonwealth Copyright Act 1968, to take legal action at any time for copyright infringement where program listings are used in contravention of these terms.
 
While I certainly understand that copyright is an important protection for broadcasters, I strongly object to them limiting the usage of a basic, standard service to devices that meet their stringent guidelines. 
 
This effectively rules out many devices currently in operation from accessing the data. This means that consumers will either have to purchase an additional compliant device to replace their current one, or not have access to the EPG. 
 
Clearly this is not an acceptable solution.  As the ACMA, you have the power to change this situation.  It is requested that changes be made to the relevant codes, regulation or licensing conditions, making it a requirement that: 
1. The guide is delivered FREE of charge. 
2. The guide is delivered in formats suitable for any device currently on the market, this includes those capable of receiving EIT data and those capable of downloading guide data via the Internet. 
3. The guide is accurate and updated in a timely fashion. 
4. The guide is delivered to a quality standard at least comparable to those available in the print media with specific reference to case (not all capitals) and spelling. 
5. That the naming of titles follows a specific convention from week to week and does not change. 
6. That the programming contained within the guide is appropriately categorised and adheres to the Commercial Television Industry Code of Practice. 
7. The networks must adhere to broadcast programming schedules with respect to the beginning and ending times of programming.  A method should be instituted by which the networks can be held accountable for repeat excessive failure to adhere to programming schedules.

I look forward to hearing back from you on this important subject once you have had time to consider what I believe to be a very reasonable position

Yours sincerely

[YOUR NAME]
[YOUR POSTAL ADDRESS]